New York Court of Appeals October 6, 1876 (Isaacs v. . New York Plaster Works)

Andrews, J.

If, by the contract, the defendant had the whole season in which to deliver the plaster, and was not, under any circumstances, bound to deliver any part of it until the very close, the complaint was properly dismissed for two reasons; first, the refusal to deliver the cargoes of the

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Kedron” and “ Simpson,” which arrived in December, before the close of the season, was not a breach